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The Franchise Memorandum

The Franchise Memorandum

Posts in Defamation.
Posted in Defamation

In a dispute between a mattress retailer and a bedding manufacturer, the United States Court of Appeals for the Second Circuit has ruled that statements made to representatives of the retailer may have constituted slander. Sleepy’s LLC v. Select Comfort Wholesale Corp., 2018 WL 6174650 (2d Cir. Nov. 27, 2018). Sleepy’s, a mattress and bedding retailer, entered into a dealer agreement with Select Comfort pursuant to which Sleepy’s acquired the right to sell Select Comfort’s ‘‘Personal Preference” line of “Sleep Number” beds in Sleepy’s stores. Select ...

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Posted in Defamation

In reinstating franchisees’ claims for defamation, the Florida Court of Appeals recently held that statements made by a franchisor on its website are not protected by the “litigation privilege.” Ball v. D’Lites Enterprises, Inc., 65 So. 3d 637 (Fla. Ct. App. July 27, 2011). When the franchisees sued their franchisor regarding representations as to the nutritional content of its products, the franchisor placed a statement on its website stating that the products sold by the franchisees under the franchisor’s trademarks were unauthorized and constituted a “hoax” ...

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About this Publication

The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP. 

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